[Order 25-28—Filed December 18, 2025, 3:38 p.m.]

Title of Rule and Other Identifying Information: 2025 Correction to WAC 220-440-260 Prohibition of feeding deer, elk, or moose.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: SHB 1325 passed in the 2025 legislative session. This bill requires the Washington state department of fish and wildlife (WDFW) to amend hunting rules concerning big game violations. Currently, WAC 220-440-260 contains an incorrect reference to RCW 77.15.160 in one of its subsections. As a result, WDFW enforcement officers are unable to correctly write infractions to enforce this rule.

Reasons Supporting Proposal: This proposed amendment is necessary for WDFW enforcement officers to comply with the recently enacted statutes resulting from passage of SHB 1325. The basis for the original rule was to reduce the spread of chronic wasting disease (CWD). CWD is a fatal, neurologic disease of cervids including deer, elk, moose, and caribou. It is caused by infectious proteins called prions that are transmitted directly from animal to animal or indirectly through environments. There is no cure or vaccine for CWD. WAC 220-440-260 was developed to reduce the congregation of cervids that often occurs with public feeding. Enforcement has no authority to cite violations of this rule unless the rule is updated.

Statutory Authority for Adoption: RCW 77.04.012, 77.04.055, 77.04.020, and 77.12.047.

Statute Being Implemented: RCW 77.04.012, 77.04.055, 77.04.020, and 77.12.047.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: WDFW, governmental.

Name of Agency Personnel Responsible for Drafting: Thomas Knoll, Jr., 1111 Washington Street S.E., Olympia, WA 98501, 360-951-3088; Implementation and Enforcement: Chief Steve Bear, 1111 Washington Street S.E., Olympia, WA 98501, 360-902-2605.

This notice meets the following criteria to use the expedited adoption process for these rules:

Corrects typographical errors, makes address or name changes, or clarifies language of a rule without changing its effect.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: The expedited rule making is necessary to clarify laws passed in SHB 1325 during the 2025 legislative session.

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Scott Bird, WDFW, P.O. Box 43200, Olympia, WA 98501, phone 360-902-2403, email rules.coordinator@dfw.wa.gov, BEGINNING December 24, 2025, at 12:00 p.m., AND RECEIVED BY February 23, 2026, at 11:59 p.m.

AMENDATORY SECTION(Amending WSR 25-09-079, filed 4/16/25, effective 5/17/25)

WAC 220-440-260Prohibition of feeding deer, elk, or moose.

(1) Except as provided in subsection (3) of this section, it is an infraction under RCW 77.15.160 (((6)(b)))(11)(b) to place, deposit, distribute, or scatter feed including, but not limited to, grain, hay, minerals, salt, fruit, or other such substances or food types to feed, lure or attract deer, elk, or moose not lawfully held in captivity. A person may not allow food to be placed for the purposes of feeding other wildlife that causes deer, elk, or moose to congregate.

(2) This rule does not apply in the completion of any of the following agricultural practices:

(a) Cultivation, production, and harvest of crops including, but not limited to, fruit, vegetable, hay, and grains;

(b) Animal husbandry related to the care and feeding of domestic livestock and poultry.

(3) The director may authorize the feeding of deer, elk, or moose under the following conditions:

(a) Prevent damage to private property;

(b) Mitigate population loss anticipated by a predicted winter mortality;